R v A HC Auckland CRI 2005-004-017305

[2007] NZHC 1652

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2005-004-017305

THE QUEEN

v

A

Hearing:         22 February 2007

Appearances: BH Dickey, MA Corlett and DA Hauer for Crown

GC Gotlieb, GNE Bradford and R Langton for Accused

Judgment:      22 February 2007

RULING (No.7) OF COOPER J ON NAME SUPPRESSION

Solicitors:

Meredith Connell, Crown Solicitors, PO Box 2213, Upper Shortland Street, Auckland.

GC Gotlieb, PO Box 47369, Ponsonby, Auckland

R V A HC AK CRI 2005-004-017305  22 February 2007

[1]      The jury has just delivered its verdicts in this case which were to acquit Mr A   of the charge of murder that had been brought against him and also of the charge of attempted murder.   However, he has been found guilty of manslaughter concerning the death of A  .

[2]      At  the  outset  of  the  trial  I  delivered  a  decision  in  which  I  continued suppression orders that had been made of the accused’s name and those of his family members, on the basis that to do so would preserve his surviving family from harm that might be unnecessary were he to be acquitted.

[3]      Now that verdicts have been entered I am of the view that what was a finely balanced  question  should  now  be  resolved  by  lifting  any  suppression  of  the accused’s name so that there may be publication in the normal way.  In my view the interests of justice would no longer be served by preserving the suppression order and it is uplifted accordingly.